Appeal by the defendant from an order of the County Court, Dutchess County (Forman, J.), dated January 3, 2013, which, after a hearing, designated him a level two sexually violent offender pursuant to Correction Law article 6-C.
Ordered that the order is affirmed, without costs or disbursements.
"A defendant seeking a downward departure has the initial burden of `(1) identifying, as a matter of law, an appropriate mitigating factor, namely, a factor which...
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